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HomeMy WebLinkAbout2022 Ordinance No. 0101 BY AUTHORITY ORDINANCE NO. 10 COUNCIL BILL NO. 10 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING MARIJUANA REGULATIONS, TO UPDATE COLORADO MARIJUANA CODE STATUTORY REFERENCES AND LICENSE NAMES IN EMC TITLE 5, CHAPTERS 3D, 3E, AND 3F, TITLE 7 CHAPTER 6D AND EMC SECTION 2-6-1. WHEREAS, Englewood Municipal Code (“EMC”) Title 5 Chapters 3D, 3E, and 3F, Title 7 Chapter 6D, and EMC Section 2-6-1 contain specific references by Title and Article to Colorado statute regarding marijuana regulation; and WHEREAS, various sections of Colorado statute regarding marijuana regulations, specifically Colorado Revised Statutes (C.R.S.) Title 44, Articles 11-12, and Title 12, Article 44, were moved and consolidated under the Colorado Marijuana Code, CRS Title 44, Article 10; and WHEREAS, current EMC provisions regarding marijuana contained within Title 5 Chapters 3D, 3E, and 3F, Title 7 Chapter 6D and EMC Section 2-6-1 specifically refer to outdated sections and license names in Colorado statute; and WHEREAS, to reflect current statutory references, EMC must be amended; and WHEREAS, these amendments have no effect on the current marijuana regulations now in effect in the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Various sections containing Colorado statutory references in Title 5 Chapter 3D, of Englewood Municipal Code are hereby amended to read as follows (new provisions in italics/underline, deleted provisions struck through): 5-3D-2: Powers and Duties of the Local Licensing Authority. A. Vesting of Authority. The Local Licensing Authority, as established in E.M.C. Section 2-6- 1, shall grant or deny local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana as provided by law; suspend, fine, restrict, or revoke such licenses upon a violation of this title, or a rule promulgated pursuant to this title; and may impose any penalty authorized by this title or any rule promulgated pursuant to this title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this title, and in accordance with the procedures established pursuant to this title. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 2 B. Rules and Determinations. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the cultivation, manufacture, distribution, and sale of Medical Marijuana and for the enforcement of this chapter. C. Compliance with the Colorado Marijuana CodeC.R.S. 44-11. The Local Licensing Authority shall comply with and conform to the minimum licensing requirements of the Colorado Marijuana Code, Article 10 11 of Title 44 C.R.S., when issuing a License. D. Additional Licensing Standards. In addition to all other standards applicable to the issuance of licenses under this Code, the Local Licensing Authority shall comply with and conform to the following additional standards for the issuance of Medical Marijuana StoreCenter, Medical Marijuana Optional Premises Cultivation FacilityOperation, or Medical Marijuana- Infused Products Manufacturer Licenses consistent with the intent of the Colorado Marijuana Code Article 11 of Title 44 C.R.S. and this Code, including: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued shall be as follows: a. If the building in which Medical Marijuana is to be cultivated, manufactured or sold is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana StoreCenter, Medical Marijuana- Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation FacilityOperation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. b. The distances referred to in this title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, cultivated or infused, using a route of direct pedestrian access. c. After April 20, 2015, Medical Marijuana licensed premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Restrictions on the size of an applicant's Licensed Premises shall be as follows: a. All Medical Marijuana Optional Premises Cultivation FacilitiesOperations shall not exceed five thousand (5,000) square feet. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 3 b. Restrictions on the size of licensed Medical Marijuana premises shall be reasonable based upon the specific location, site, and premises. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License, including the following: a. Any cultivation or manufacture of Medical Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. (Ord. 11-27, § 7; Ord. 18-15, § 1; Ord. 65-17, § 2; Ord. 36-18, § 1; Ord. 50-19, § 2) 5-3D-3: Definitions. Any word or term used that is defined in Article XVIII, Section 14(1)(f) of the Colorado Constitution; in Section 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, Section 44-101-101 et seq., C.R.S. shall have the same meaning that is ascribed to such word or term in those Constitutional provisions or C.R.S. sections unless the definition is amended by this section. Direct Measurement: means a straight line from the nearest property line of the school or campus to the nearest portion of the building used for medical marijuana. Good Cause: for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance means: 1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Marijuana Code Article 11 of Title 44 C.R.S., and rules promulgated pursuant to this title, or any supplemental local law, rules, or regulations; 2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State or Local Licensing Authority; 3. The licensed premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of drug-related criminal conduct within the premises or in the immediate area. c. A continuing pattern of criminal conduct directly related to or arising from the facility. 4. The licensed premises will impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. Hearing Officer: means the individual who has been identified as the Englewood Local Liquor and Marijuana Licensing Authority and given the authority to grant, deny or revoke a DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 4 liquor or marijuana license. Hearing Officer carries the same definition as that in Section 2-6- 1(A)(2) of the Englewood Municipal Code. License: means to grant a license or registration pursuant to this title. Licensed Premises: means the premises specified in an application for a license under this title, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Medical Marijuana in accordance with the provisions of the Colorado Marijuana Code Article 11 of Title 44 C.R.S.. Licensee: means a person licensed or registered pursuant to the Colorado Marijuana Code Article 11 of Title 44 C.R.S. and this title. Local Licensing Authority: means the Englewood Local Liquor and Marijuana Licensing Authority as established in E.M.C. Section 2-6-1. Local Licensing Official: means the Official designated to issue a license following approval by the Local Licensing Authority. Location: means a particular parcel of land that may be identified by an address or other descriptive means. Medical Marijuana: means Marijuana that is grown and/or sold pursuant to the provisions of Section 106 of Article 1.5 of Title 44 C.R.S.; the Colorado Marijuana Code Article 11 of Title 44 C.R.S. as defined by Section 44-10-103 C.R.S. and for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Medical Marijuana StoreCenter: means a person licensed pursuant to the Colorado Marijuana Code Article 11 of Title 44 C.R.S. to operate a business as described in the Colorado Marijuana Code Article 11 of Title 44 C.R.S. that sells Medical Marijuana to registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver. Medical Marijuana-Infused Product: means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed Medical Marijuana StoreCenter or a Medical Marijuana-Infused Product Manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S. Medical Marijuana-Infused Product Manufacturer: A person licensed pursuant to the Colorado Marijuana Code Article 11 of Title 44 C.R.S. to operate a business as described in the Colorado Marijuana Code Article 11 of Title 44 C.R.S. Medical Marijuana Optional Premises Cultivation FacilityOperation: means the premises specified in an application for a Medical Marijuana StoreCenter License with related growing facilities in Colorado for which the Licensee is authorized to grow and cultivate Marijuana for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Multi-Tenant Building: A building that is or can be occupied by more than one (1) tenant. Patient: a person who meets the definition of patient under Article XVIII, Section 14(1)(d) of the Colorado Constitution and applicable law or regulation. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 5 Person: means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. Primary Care-Giver: In addition to the definitions set forth in Section 14(1)(f) of Article XVIII of the State Constitution, as used in the Colorado Marijuana Code Article 11 of Title 44 C.R.S., unless the context otherwise requires, "Primary Care-Giver" means a natural person, or as may be more fully defined in any applicable Federal or State law or regulation. School: means a public or private preschool or a public or private elementary, middle, junior high, or high school, college or campus of a college. Smoking: means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or Medical Marijuana as defined by the Colorado Marijuana Code. Article 11 of Title 44 C.R.S. State Licensing Authority: means the Authority created for the purpose of regulating and controlling the Licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana in this State, pursuant to the Colorado Marijuana Code Article 11 of Title 44 C.R.S.. (Ord. 11-27, § 7; Ord. 15-12, § 2; Ord. 26-14, § 1; Ord. 65-17, § 2; Ord. 36-18, § 1; Ord. 50-19, § 2) 5-3D-9: Persons Prohibited as Licensees. The Local Licensing Authority hereby adopts the provisions and restrictions set forth in Section 44-1012-31107 C.R.S. (Ord. 11-27, § 7; Ord. 36-18, § 1) 5-3D-10: Restrictions for Applications for New Licenses. A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this title. 1. If the application for a State or Local License concerns a particular location that is the same as or within one thousand feet (1,000') of a location for which, within the two (2) years immediately preceding the date of the application, the State or a Local Licensing Authority denied an application for the same class of license due to the nature of the use or other concern related to the location; 2. Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; 3. For a location in an area where the cultivation, manufacture, and sale of Medical Marijuana as contemplated is not permitted under the applicable zoning laws. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 6 4. a. If the building in which Medical Marijuana is to be cultivated, manufactured or sold, is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana StoreCenter, Medical Marijuana-Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation FacilityOperation. The provisions of this section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. b. In addition to the requirements of Section 44-1110-304303(2) C.R.S., the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Medical Marijuana is to be sold is located within any distance restrictions established by or pursuant to this Paragraph 4. c. The distances referred to in this title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, using a route of direct pedestrian access. (Ord. 11-27, § 7; Ord. 36-18, § 1) 5-3D-11: Transfer of Ownership. A. A State or Local License granted under the provisions of this title shall not be transferable except as provided in this section, but this section shall not prevent a change of location as provided in Section 44-1110-313310 (13) C.R.S. B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on forms prepared and furnished by the State Licensing Authority. In determining whether to permit a Transfer of Ownership, the Local Licensing Authority shall consider only the requirements of this title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. The Local Licensing Authority may hold a hearing on the Application for the Transfer of Ownership. The Local Licensing Authority shall not hold a hearing until the Local Licensing Authority has posted a notice of hearing in the manner described in Section 44-1110-303302(2)(1)(b) C.R.S. on the Licensed Medical Marijuana StoreCenter premises for a period of ten (10) days and has provided notice of the hearing to the applicant at least ten (10) days prior to the hearing. Any transfer of ownership hearing by the Local Licensing Authority shall be held in compliance with the requirements specified in Section 44-1110-303302.R.S. (Ord. 11-27, § 7; Ord. 36-18, § 1) DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 7 5-3D-12: Licensing in General. The Local Licensing Authority adopts the provisions and restrictions set forth in Section 44- 1110-313310 C.R.S. and Title 5 Chapter 1 EMC. (Ord. 11-27, § 7; Ord. 36-18, § 1) 5-3D-13: Licensing Renewal. A. Ninety (90) days prior to the expiration date of an existing License, the State Licensing Authority shall notify the Licensee of the expiration date by First Class Mail at the Licensee's address of record with the State Licensing Authority. A Licensee shall apply for the renewal of an existing License to the Local Licensing Authority not less than forty-five (45) days and to the State Licensing Authority not less than thirty (30) days prior to the date of expiration. A Local Licensing Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in subsection B of this section. The State Licensing Authority may extend the expiration date of the License and accept a Late Application for Renewal of a License provided that the applicant has filed a timely renewal application with the Local Licensing Authority. All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The State or the Local Licensing Authority, in its discretion, subject to the requirements of this title and based upon reasonable grounds, may waive the forty-five (45) day or thirty (30) day time requirement set forth in this title. The Local Licensing Authority may hold a hearing on the application for renewal only if the Licensee has had complaints filed against it; and has a history of violations; or there are allegations against the Licensee that would constitute good cause. The Local Licensing Authority shall not hold a renewal hearing provided for by this title for a Medical Marijuana StoreCenter until it has posted a notice on the Licensed Medical Marijuana StoreCenter premises in the manner described in Section 44-1011-303(1)(b)302(2) C.R.S. for a period of ten (10) days and provided notice to the Applicant at least ten (10) days prior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause, subject to Judicial Review. B. 1. Notwithstanding the provisions of subsection A of this section, a Licensee whose License had been expired for not more than ninety (90) days may file a Late Renewal Application upon the payment of a Nonrefundable Late Application Fee of five hundred dollars ($500.00) to the Local Licensing Authority. A Licensee who files a Late Renewal Application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee's Late Renewal Application unless the State or Local License Authority summarily suspends the License pursuant to Article 4 of Title 24, C.R.S., this title, and rules promulgated pursuant to this title. 2. The State and Local Licensing Authorities may not accept a Late Renewal Application more than ninety (90) days after the expiration of a Licensee's Permanent Annual License. A Licensee whose Permanent Annual License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Medical Marijuana until all required Licenses have been obtained. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 8 3. Notwithstanding the amount specified for the Late Application Fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee. (Ord. 11-27, § 7; Ord. 36-18, § 1) 5-3D-17: Disciplinary Actions: Suspension—Revocation—Fines. A. In addition to any other sanctions prescribed by the State Licensing Authority or the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a Public Hearing at which the Licensee shall be afforded an opportunity to be heard; to suspend or revoke a License issued by the respective authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this title, or any other terms, conditions, or provisions of the License issued by the State or Local Licensing Authority. The State Licensing Authority or a Local Licensing Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a Hearing. B. The State or Local Licensing Authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required Notice of the Hearing pursuant to this title, by mailing the same in writing to the Licensee at the address contained in the License. Except in the case of a Summary Suspension, a suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a part of the fees paid therefore shall not be returned to the Licensee. Any License or Permit may be summarily suspended by the issuing Licensing Authority without Notice pending any prosecution, investigation, or Public Hearing pursuant to the terms of Section 24-4-104(4), C.R.S. or this title. Nothing in this section shall prevent the Summary Suspension of a License pursuant to Section 24-4- 104(4), C.R.S. Each patient registered with a Medical Marijuana StoreCenter that has had its License Summarily Suspended may immediately transfer his or her Primary Center to another Licensed Medical Marijuana StoreCenter. C. 1. Whenever a decision of the State Licensing Authority or the Local Licensing Authority suspending a License for fourteen (14) days or less becomes final, the Licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the License suspended for all or part of the suspension period. Upon the receipt of the petition, the State or Local Licensing Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if the State or Local Licensing Authority is satisfied that: a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; b. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 9 c. The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the Motion or Complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be not less than five hundred dollars ($500.00) nor more than one hundred thousand dollars ($100,000.00). 3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's check made payable to the State or Local Licensing Authority, whichever is appropriate. D. Upon payment of the fine, the State or Local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority, the governing body of the Authority shall cause the moneys to be paid into the General Fund of the Local Licensing Authority. Fines paid to the State Licensing Authority shall be transmitted to the State Treasurer who shall credit the same to the Medical Marijuana License Cash Fund created in Section 44-1011-801501 C.R.S. E. In connection with a petition, the Authority of the State or Local Licensing Authority is limited to the granting of such stays as are necessary for the Authority to complete its investigation and make its findings and if the Authority makes such findings, to the granting of an Order permanently staying the imposition of the entire suspension or the portion of the suspension not otherwise conditionally stayed. F. If the State or Local Licensing Authority does not make the findings required in this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the State or Local Licensing Authority. G. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. No later than January 15 of each year, the State Licensing Authority shall compile a report of the preceding year's actions in which fines, suspensions, or revocations were imposed by Local Licensing Authorities and by the State Licensing Authority. The State Licensing Authority shall file one (1) copy of the report with the Chief Clerk of the House of Representatives, one (1) copy with the Secretary of the Senate; and six (6) copies in the Joint Legislative Library. (Ord. 11-27, § 7; Ord. 36-18, § 1) Section 2. Amendment of Englewood Municipal Code Various sections containing Colorado statutory references in Title 5 Chapter 3E of Englewood Municipal Code are hereby amended to read as follows (new provisions in italics/underline, deleted provisions struck through): 5-3E-1: Purpose. A. The Englewood City Council hereby declares that this chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of the City. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 10 B. The City further declares that it is unlawful to cultivate, manufacture, distribute, or sell Retail Recreational Marijuana, except in compliance with the terms, conditions, limitations, and restrictions set forth in this chapter and Section 16 of Article XVIII of the State Constitution and Article 1012 of Title 44, C.R.S., the Colorado Retail Marijuana Code. (Ord. 8-17, § 1; Ord. 36-18, § 2) 5-3E-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority as established in E.M.C. Section 2-6-1 shall grant or deny local Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine, restrict, or revoke such Licenses upon a violation of this chapter or a rule promulgated pursuant to this chapter; and may impose any penalty authorized by this chapter or any rule promulgated pursuant to this chapter, all in accordance with the authority and procedures established pursuant to this chapter and E.M.C. Section 2-6-1. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the distribution and sale of Retail Marijuana and for the enforcement of this chapter. C. The Local Licensing Authority shall comply with the minimum licensing requirements of the Colorado Marijuana Code Article 12 of Title 44 C.R.S. in association with the issuance of a Retail Marijuana Store License. D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and processing applications under this chapter. The Local Licensing Authority is authorized to administratively approve any License application under this chapter so long as the conditions set forth in the chapter are met and the applicant has paid the operating fee and any other fees required by this chapter. E. Prior to January 1, 2019, the Local Licensing authority may receive and process applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this chapter only if the applicant is a Medical Marijuana Center duly licensed as of June 1, 2016 under Section 5-3D-1 et seq. of the Englewood Municipal Code 2000. (Ord. 8-17, § 1; Ord. 65-17, § 2; Ord. 36-18, § 2; Ord. 50-19, § 2) 5-3E-3: Definitions. Any word or term used that is defined in any of the following provisions shall have the same meaning that is ascribed to such word or term as used in the following provisions: Article XVIII, Section 16(2) of the Colorado Constitution; the Colorado Retail Marijuana Code, C.R.S. § 44-12-101, et seq.; Article XVIII, Section 14(1)(b-j) of the Colorado Constitution; or the Colorado Medical Marijuana Code, C.R.S. § 44-1011-101, et seq. Colorado Medical Marijuana Code: Article 1011 of Title 44 of the Colorado Revised Statutes, as amended, and any regulations promulgated thereto. Colorado Retail Marijuana Code: Article 12 of Title 44 of the Colorado Revised Statues, as amended, and any regulations promulgated thereto. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 11 Direct Measurement: A straight line from the nearest property line of the school or campus to the nearest portion of the building used for Retail Marijuana. Good Cause: For purposes of refusing or denying a License renewal, reinstatement, or initial License issuance means: 1. The Licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Marijuana Code Article 12 of Title 44 C.R.S., and rules promulgated pursuant to the CRMC, or any supplemental local law, rules, or regulations; 2. The Licensee or applicant has failed to comply with any special terms or conditions that were placed on its License pursuant to an order of the State of Local Licensing Authority; 3. The Licensed Premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of criminal conduct under state or local law directly related to or arising from the Licensed Premises. License: A license or registration granted pursuant to this chapter. Licensed Premises: The premises specified in an application for a License under this chapter, which are owned or in possession of the Licensee and within which the Licensee is authorized to distribute, or sell Retail Marijuana in accordance with the provisions of the Colorado Retail Marijuana Code. Licensee: A person licensed or registered pursuant to the Colorado Retail Marijuana Code and this chapter. Local Licensing Authority: The Englewood Local Liquor and Marijuana Licensing Authority. Local Licensing Official: Official designated to issue a license following approval by the Local Licensing Authority. Location: A particular parcel of land that may be identified by an address or other descriptive means. Multi-Tenant Building: A building that is or can be occupied by more than one (1) tenant. Person: A natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: A distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. School: A public or private preschool or a public or private elementary, middle, junior high, or high school, college or principal campus of a college. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 12 State Licensing Authority: The Authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical and Retail Marijuana in the State, pursuant to the Colorado Marijuana Code Article 12 of Title 44 C.R.S.. (Ord. 8-17, § 1; Ord. 36-18, § 2; Ord. 50-19, § 2) 5-3E-4: Applications—Licenses. A. Eligibility for License. A Medical Marijuana StoreCenter who is duly licensed under Chapter 3D of thisthe Code and the Colorado Medical Marijuana Code as of June 1, 2016 shall be permitted to convert to a Retail Marijuana Store or co-locate a Retail Marijuana Store with its Medical Marijuana StoreCenter by complying with the requirements of Title 5, Chapter 3D of the Englewood Municipal Code for a renewal of a marijuana license and by submitting an application as provided in Subsection 5-3E-4(C). B. An applicant for a Retail Marijuana Store License under this Section 5-3E-4 may either: 1) surrender its existing Medical Marijuana StoreCenter License upon receipt of a Retail Marijuana Store License, thereby entirely converting an existing Medical Marijuana StoreCenter to a Retail Marijuana Store; or 2) retain its existing Medical Marijuana StoreCenter License while co-locating a Retail Marijuana Store at the same location as permitted by Section 44-1011-103104 of the Colorado Retail Marijuana Code. C. Application Forms. An application for a License shall be filed with the Local Licensing Authority on forms provided by the State and Local Licensing Authority. The application shall contain such information as the State and Local Licensing Authority may require. Each application shall be verified by the oath or affirmation of the persons prescribed by the State and Local Licensing Authority. Upon receipt of notice from the State Licensing Authority of the application for a license under Section 44-1012--301 of the Colorado Retail Marijuana Code, the Local Licensing Authority shall determine whether the applicant qualifies for a License under this Chapter 5-3E. The Local Licensing Authority shall notify the State and the Applicant in writing of its determination as to whether the applicant qualifies for a License as a Retail Marijuana Store no later than forty-five (45) days from the date the application was originally received by the Local Licensing Authority. D. Other Requirements. An applicant shall file, at the time of application for a License, plans and specifications for the interior of the building. (Ord. 8-17, § 1; Ord. 36-18, § 2) 5-3E-6: Persons Prohibited as Licensees. The Local Licensing Authority hereby adopts the provisions and restrictions set forth in Section 44-1012-305307 of the Colorado Retail Marijuana Code. (Ord. 8-17, § 1; Ord. 36-18, § 2) DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 13 5-3E-7: Restrictions for Applications for Retail Marijuana Store Licenses. A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this title: 1. Until it is established that the applicant is, or will be entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; 2. Where the location is an area where the sale of Retail Marijuana as contemplated is not permitted under the applicable zoning laws: a. If the building in which Retail Marijuana is to be sold is located within: (i) two thousand (2,000) feet of a school, an alcohol or drug treatment facility, or a licensed child care facility, (ii) within two thousand five hundred (2,500) feet of a licensed Retail Marijuana Store or Medical Marijuana Business existing at the time of application; or (iii) within one hundred (100) feet of any residential dwelling unit in the City. The provisions of this section shall not apply to a Retail Marijuana converted from or co-located with a Medical Marijuana StoreCenter under common ownership as permitted under Section 5-3E-4, or to any facility that has been previously licensed as a Medical Marijuana Business under the Code. The provisions of this section shall not affect the renewal or re-issuance of a License once granted or apply to Licensed Premises located or to be located on land owned by a municipality; nor shall the provisions of this section apply to existing Licensed Premises on land owned by the State, or apply to a License in effect and actively doing business before said principal campus was constructed. b. In addition to the requirements of C.R.S. § 44-1012--301, the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Retail Marijuana is to be sold is located within any distance restrictions established by, or pursuant to, this Paragraph 2. c. The distances referred to in this title are to be computed by direct measurement from the nearest property line of the land used for a school, licensed childcare facility, residential dwelling unit, or existing Retail Marijuana Store or Medical Marijuana Business to the nearest portion of the Retail Marijuana Store, using a route of direct pedestrian access. d. The City Council may at its discretion decrease, but not increase, the distances referred to in Subsection 5-3E-7(A)(2)(a). (Ord. 8-17, § 1; Ord. 36-18, § 2) 5-3E-8: Transfer of Ownership. A. A state or Local License granted under the provisions of this title shall not be transferable except as provided in this section, but this section shall not prevent a change of location as provided in C.R.S. § 44-1012--313309. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 14 B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on forms prepared and furnished by the State Licensing Authority. In determining whether to permit a transfer of ownership, the Local Licensing Authority shall consider only the requirements of this title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. (Ord. 8-17, § 1; Ord. 36-18, § 2) 5-3E-9: Review and Approval of License. The Local Licensing Authority adopts the provisions and restrictions set forth in C.R.S. § 44-1012—313309 and Title 5, Chapter 1 of the Englewood Municipal Code. (Ord. 8-17, § 1; Ord. 36-18, § 2) 5-3E-10: Licensing Renewal. A. A Licensee shall apply for the renewal of an existing License to the Local Licensing Authority not less than forty-five (45) days prior to the date of expiration. A Local Licensing Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in subsection (B) of this section. The State Licensing Authority may extend the expiration date of the License and accept a late application for renewal of a License provided that the applicant has filed a timely renewal application with the Local Licensing Authority. All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The Local Licensing Authority, in its discretion, subject to the requirements of this title and based upon reasonable grounds, may waive the forty-five (45) day time requirement set forth in this title. The Local Licensing Authority may hold a hearing on the application for renewal only if: the Licensee has had written, verifiable complaints filed against it by the State or Local Licensing Authority: and has a history of violations as evidenced by a written determination by the State or Local Licensing Authority; or there are formal allegations against the Licensee that would constitute good cause. The Local Licensing Authority shall not hold a renewal hearing provided for by this title for a Retail Marijuana Store until it has posted a notice on the Licensed Retail Marijuana Store premises in the manner described in C.R.S. § 44-1012--303302 for a period not less than ten (10) days and provide notice to the Applicant at least ten (10) days prior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause only after a hearing, subject to judicial review. B. 1. Notwithstanding the provisions of subsection (A) of this section, a Licensee whose License had been expired for not more than ninety (90) days may file a late renewal application upon the payment of a nonrefundable late application fee of five hundred dollars ($500.00) to the Local Licensing Authority. A Licensee who files a late renewal application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee's Late Renewal Application. 2. The Local Licensing Authority will not accept a Late Renewal Application more than ninety (90) days after the expiration of a License. If a former Licensee files a renewal DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 15 application after ninety (90) days from date of expiration, the application will be treated as a new license application. A former Licensee whose License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Retail Marijuana until all required Licenses have been obtained. 3. Notwithstanding the amount specified for the late application fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee. (Ord. 8-17, § 1; Ord. 36-18, § 2) 5-3E-14: Disciplinary Actions: Suspension—Revocation—Fines. A. In addition to any other sanctions prescribed by the State Licensing Authority, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the Licensee shall be afforded an opportunity to be heard; to suspend or revoke a License issued by the Local Licensing Authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this title, or any other terms, conditions, or provisions of the license issued by the State or Local Licensing Authority. The Local Licensing Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a Hearing. B. The Local Licensing Authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to this title, by mailing the same in writing to the Licensee at the address contained in the License. A suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a portion of the fees paid therefore shall not be returned to the Licensee. C. 1. The Local Licensing Authority may, in its sole discretion, issue a fine in lieu of, or in addition to, a suspension. When determining whether to impose a fine in lieu of a suspension, the Local Licensing Authority make findings that: a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; b. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee would have suffered had a suspension gone into effect can be determined with reasonable accuracy; and c. The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be: (a) not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00) for license infractions of a minor nature that do not directly impact the public health, safety, or welfare which shall include but are not limited to failure to display badges, unauthorized minor modifications of premises of a minor nature, minor clerical errors in inventory tracking procedures; and (b) not less than one thousand dollars ($1,000.00) nor more than thirty thousand DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 16 dollars ($30,000.00) for violations that have an immediate impact on the public health, safety, or welfare, including, but not limited to, a violation of C.R.S. § 44- 1012—701(3)(d)901(4)(e). 3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's check made payable to the Local Licensing Authority, whichever is appropriate. D. Upon payment of the fine, the local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority, the governing body of the Authority shall cause the moneys to be paid into the general fund of the local Licensing Authority. E. If the Local Licensing Authority does not make the findings required in this section and does not order the suspension shall go into effect on the operative date finally set by the Local Licensing Authority. F. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. (Ord. 8-17, § 1; Ord. 36-18, § 2) Section 3. Amendment of Englewood Municipal Code Various sections containing Colorado statutory references in Title 5 Chapter 3F of Englewood Municipal Code are hereby amended to read as follows (new provisions in italics/underline, deleted provisions struck through): Chapter 3F RETAIL MARIJUANA CULTIVATION 5-3F-1: Retail Marijuana Cultivation Established. A. The Englewood City Council hereby declares that this chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of the City. B. The City further declares that it is unlawful to cultivate Retail Marijuana, except in compliance with the terms, conditions, limitations, and restrictions in Section 16 of Article XVIII of the State Constitution and/or the terms, conditions, limitations, Article 44 of Title 1012 C.R.S., and all applicable provisions of the Englewood Municipal Code. (Ord. 4-19, § 2) DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 1 5-3F-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority, as established in Title 2, Chapter 6, Section 1, shall grant or refuse local licenses for the cultivation of Retail Marijuana as provided by all applicable State and local law; suspend, fine, restrict, or revoke such licenses upon a violation of law or a rule promulgated pursuant to this title; and may impose any penalty authorized by this title or any rule promulgated pursuant to this title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this title, and in accordance with the procedures established pursuant to this title. B. Pursuant to Section 30 of the Englewood Home Rule Charter, the authority to establish rules and regulations for the proper control of the cultivation of Retail Marijuana is vested in the Local Licensing Authority. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the cultivation of Retail Marijuana cultivation and for the enforcement of this chapter. C. The Local Licensing Authority shall adopt and enforce regulations for Retail Marijuana cultivation that are at least as restrictive as the provisions of the Colorado Marijuana Code Article 12 of Title 44 C.R.S., including Section 44-1012-602403, and any rule promulgated pursuant to that Article, all in conformance with the provisions set forth within this chapter. D. In addition to all other standards applicable to the issuance of licenses under this Code, the following additional standards for the issuance of a Retail Marijuana Cultivation Operation license consistent with the intent of the Colorado Marijuana CodeArticle 44 of Title 12 C.R.S. and this Code are adopted as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued: (a) If the building in which Retail Marijuana is to be cultivated is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Retail or Medical Marijuana StoreCenter, Retail or Medical Marijuana-Infused Products Manufacturer or Retail or Medical Marijuana Optional Premises Cultivation FacilityOperation. The provisions of this section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Retail Marijuana is to be cultivated using a route of direct pedestrian access. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 2 (c) After April 20, 2015, Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises. (a) All Retail Marijuana Cultivation Operations shall not exceed five thousand (5,000) square feet. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License. (a) Any cultivation or manufacture of Retail Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. E. The provisions of Title 5, Article 3E shall be applicable to interpreting this Article 3F. F. Definitions not provided within Title 5, Article 3E, shall be as provided in Title 7, Article 6D, Section 12-2. G. Enforcement of this chapter shall be in conformance with E.M.C. Title 1, Chapter 4, "General Penalty" provisions. (Ord. 4-19, § 2) Section 4. Amendment of Englewood Municipal Code Englewood Municipal Code Section 2-6-1 is hereby amended to read as follows (new provisions in italics/underline, deleted provisions struck through): 2-6-1: Licensing Authority Established. A. Englewood Local Liquor and Marijuana Licensing Authority. 1. Establishment. There is hereby established an Englewood Local Liquor and Marijuana Licensing Authority ("Local Licensing Authority" or "Authority"), which is vested with the authority to grant or deny permits and licenses, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018, and as otherwise granted to it by Colorado statute and in Englewood Municipal Code Title 5, Chapter 3, Article A. 2. Hearing Officer. The Local Licensing Authority shall consist of a sole Hearing Officer who shall be selected following a standard Request for Qualifications process, and in conformance with the Purchasing Policies and Procedures of the City, and shall serve at the pleasure of the City Council. The Hearing Officer shall be DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 3 annually appointed/reappointed by the City Council by resolution and may be removed with or without cause by a majority vote of the City Council. The City Council shall establish compensation for the Hearing Officer. The City Council may, in its discretion, appoint an alternate Hearing Officer who may serve when the appointed Hearing Officer is unavailable or has a conflict with a pending matter. The term "Hearing Officer" shall be synonymous with "Local Licensing Authority" as used throughout this section. 3. Qualifications of Hearing Officer. The Hearing Officer shall be an individual licensed to practice law in the State of Colorado, with sufficient knowledge and expertise to apply and enforce the Colorado Beer Code (C.R.S. 44-4-101, et seq.), Colorado Liquor Code (C.R.S. 44-3-101, et seq.), Special Events Code (C.R.S. 44- 5-101, et seq.), Medical Marijuana Code (C.R.S. 44-1011-101, et seq.), Retail Marijuana Code (C.R.S. 44-12-101, et seq.), and the equivalent sections of the Englewood Municipal Code regulating the licensing of liquor or marijuana establishments in the City of Englewood, Colorado. The Hearing Officer shall not hold any other City of Englewood office, appointment or position. The Hearing Officer shall not have any financial interest in the operation of any business located or operating in the City of Englewood holding a license pursuant to any of the Codes listed within this paragraph. 4. Rules of procedure; conduct of hearings. In conformance with applicable statutes and the Englewood Municipal Code, the Hearing Officer serving as the Local Licensing Authority shall have the power to decide matters brought before it following a public hearing. Public hearings shall be held in accordance with the procedural rules and regulations for hearings as set forth in Title 1, Chapter 10, and/or as adopted by the Local Licensing Authority. The Authority may also adopt rules of procedure and regulations concerning the application and renewal processes. All hearings before the Local Licensing Authority shall be public. 5. Meetings. The Local Licensing Authority shall hold a regular meeting once each calendar month, unless there is no business to conduct. The Local Licensing Authority may call special meetings after consultation with the City Clerk or the City Clerk's designee. Notification of the public of such special meetings shall be completed in the same manner as the regular meetings of the Authority. The purpose of meetings shall be to conduct public hearings regarding licensure in conformance with applicable provisions of the Englewood Municipal Code. 6. Subpoena power and violations. The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of documents, data compilations and other evidence at any hearing before the authority. A subpoena shall be served in the same manner as a subpoena issued by the municipal court of the City, in accordance with Section 1-10-3 of the E.M.C. It shall be unlawful for any person to fail to comply with any subpoena or order to produce documents, data compilations or other evidence issued by the authority. The municipal court shall enforce the subpoenas of the Authority and, upon good cause shown, shall enter orders compelling witnesses to attend and testify or produce documents, data compilations or other evidence, and shall impose penalties or punishment for contempt in case of failure to comply with such orders. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 4 7. Investigators. Such person or persons as the City Manager shall designate shall serve as investigators or perform investigative duties on behalf of the Local Licensing Authority. B. The Local Licensing Authority is vested with the authority to grant or deny licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 3, 4, and 5 of Title 44, C.R.S. C. The Local Licensing Authority is vested with the authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Articles 1011 and 12 of Title 44, C.R.S.: 1. A Medical Marijuana Store Center License; 2. A Medical Marijuana Optional Premises Cultivation FacilityOperation License; 3. A Medical Marijuana—Infused Products Manufacturer License; 4. A Retail Marijuana Store License; 5. A Retail Marijuana Cultivation Facility License. (Code 1985, § 2-6-1; Ord. 11-27, § 5; Ord. 8-17, § 2; Ord. 65-17, § 1; Ord. 4-19, § 1; Ord. 50-19, § 1) Section 5. Amendment of Englewood Municipal Code Various sections containing Colorado statutory references in Title 7 Chapter 6D of Englewood Municipal Code are hereby amended to read as follows (new provisions in italics/underline, deleted provisions struck through): 7-6D-12: Possession Use or Consumption of Marijuana Prohibited. A. Definitions. Any word or term used that is defined in Article XVIII, Sections 14, or 16 of the Colorado Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § 44-10-12-43.3-101 et seq. C.R.S. shall have the same meaning that is ascribed to such word or term in those Constitutional provisions or C.R.S. sections unless the definition is amended by this section. Consumption or Use of Marijuana: Shall be deemed possession thereof. Marihuana or Marijuana: All parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. "Marijuana" or "Marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product. Marijuana Accessories: Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 5 composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. Medical Marijuana: means Marijuana that is grown and sold pursuant to the provisions of the Colorado Marijuana Code and §25-1.5-106 of Article 1.5 of Title 12 C.R.S. by a Licensee described in §44-10-501 106 C.R.S.; Article 43.3 of Title 12 C.R.S. and for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Passenger area: means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including, but not limited to, the glove compartment. B. It is unlawful for any person to possess, use or consume one ounce or less of Marijuana, except in accordance with Sections 14, and 16 of Article XVIII of the Colorado Constitution. 1. It shall be unlawful for anyone under twenty-one (21) years of age to possess, use or consume one (1) ounce or less of Marijuana. (a) Exception—Medical Marijuana as authorized by E.M.C. 5-3D-1 2. It shall be unlawful to sell, distribute or transfer Marijuana to a person who is under twenty-one (21) years of age. (a) Exception—Medical Marijuana as authorized by E.M.C. 5-3D-1. C. It shall be unlawful to cultivate or permit to be cultivated, more than the following maximum number of Marijuana plants: 1. Six (6) Marijuana plants with three (3) or fewer being mature, flowering plants. D. Restrictions on locations for cultivating Marijuana. 1. Growing of Marijuana shall take place in an enclosed, locked space and shall not be conducted openly or publicly. 2. It shall be unlawful to cultivate Marijuana in an outdoor area or an accessory structure including but not limited to outdoor gardens, greenhouses, sheds or storage units; 3. It shall be unlawful to cultivate Marijuana within a garage, whether attached or detached, or other structure designed or intended for the keeping or storage of vehicles, equipment or goods; 4. It shall be unlawful to permit Marijuana plants to be perceptible from the exterior of any structure, including but not limited to: (a) Common visual observation of Marijuana. (b) Odors, smells, fragrances, or other olfactory stimulus generated by the cultivation, production, possession or processing of Marijuana plants that disturbs the repose of another. (c) Light pollution, glare, or brightness of artificial illumination associated with the cultivation, of Marijuana plants that disturbs the repose of another. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 6 (d) Noise from fans in excess of the limits set in Section 6-2-5(F) E.M.C., as amended. 5. It shall be unlawful to cultivate Marijuana in the common areas of residential property; E. Concerning Marijuana in Motor Vehicles: 1. A person while in the passenger area of a motor vehicle that is on a public street, highway or public right-of-way may not use or consume Marijuana. 2. The provisions of this Section (E) shall not apply to: (a) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation. (b) Marijuana use or consumption by a passenger, other than the driver or front seat passenger, in the living quarters of a house coach, house trailer, motor home, as defined in C.R.S. § 42-1-102(57), or trailer coach, as defined in C.R.S. § 42-1- 102(106)(a). F. Restrictions on use or the consumption of Marijuana that is conducted openly and publicly or in a manner that endangers others. 1. It shall be unlawful for any person to use or consume Marijuana in any public place. (Code 1985, § 7-6D-12; Ord. 09-42, § 1; Ord. 16-12, § 1; Ord. 11-13, § 1) 7-6D-12-2: Recreational Marijuana. A. Purpose and Intent. The purpose of this subsection is to prohibit certain business uses related to Recreational Marijuana in the City. The City Council makes the following findings regarding its intent: 1. Pursuant to the provisions of Article XX, Section 6, of the Colorado Constitution, and as further authorized by State Statutes, including, but not limited to C.R.S. § 31- 15-401, the City has broad authority to exercise its police powers to promote and protect the health, safety, and welfare of the community and its residents. These police powers include the power to regulate the nature and type of businesses allowed within such community. 2. Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a municipality to "enact ordinances or regulations...governing the time, place, manner and number of recreational marijuana establishment operations." 3. Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a municipality to prohibit the operation of recreational marijuana establishments: recreational marijuana cultivation facilities, recreational marijuana product manufacturing facilities, recreational marijuana testing facilities and recreational retail marijuana stores. B. Definitions. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 7 Marijuana Consumption Establishment: Shall mean an organization business, club, or commercial operation that allows its members or guests to burn, smoke, inhale the vapors of, or otherwise consume Marijuana in any form on the premises of the business. Recreational Marihuana or Marijuana: Shall mean all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. "Marijuana" or "Marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink or other product. Recreational Marijuana does not include Medical Marijuana as defined in Article XVIII, Section 14, of the Colorado Constitution, under the Colorado Medical Marijuana Code, 44-10-10312-43.3-101 et seq. C.R.S., and Title 5, Section 3D, of the Englewood Municipal Code; and Recreational Marijuana Cultivation Facility: Shall mean and include any real property used for or upon which there is any type of structure or any such facility that includes or is associated with cultivating, preparing, or packaging Recreational Marijuana. Recreational Marijuana Establishment: Shall mean and include a Recreational Marijuana Cultivation Facility, a Recreational Marijuana Testing Facility, or a Recreational Marijuana Product Manufacturing Facility. Recreational Marijuana Product Manufacturing Facility: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with manufacturing, preparing, or packaging Recreational Marijuana. Recreational Marijuana Products: Shall mean concentrated Recreational Marijuana products that are comprised of Recreational Marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. Recreational Marijuana Testing Facility: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with analyzing and certifying the safety and potency of medical Recreational Marijuana. Recreational Retail Marijuana Store: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with the sale of Recreational Marijuana to consumers. C. Prohibition: 1. Recreational Marijuana Establishments are prohibited. a. This prohibition shall not apply to Medical Marijuana StoresCenters, Medical Marijuana Primary Care-Givers, Medical Marijuana Infused Product Manufacturers, Medical Marijuana Optional Premises Cultivation FacilitiesOperation that are licensed in accordance with Article XVIII, Section 14, of the Colorado Constitution, the Colorado Medical Marijuana Code, and Title 5-3D E.M.C., or Retail Marijuana Stores. 2. Marijuana Consumption Establishments as defined in 7-6D-12-2(B) are prohibited. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 8 (Ord. 15-13, § 1; Ord. 23-16, §§ 1, 2; Ord. 8-17, § 3) Section 6. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Introduced, read in full, and passed on first reading on the 7th day of March, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of March, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of March, 2022 for thirty (30) days. Read by Title and passed on final reading on the 21st day of March, 2022. Published by Title in the City’s official newspaper as Ordinance No. 10, Series of 2022, on the 24th day of March, 2022. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 9 Published by title on the City’s official website beginning on the 23rd day of March, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 10, Series of 2022. Stephanie Carlile DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A